GERMANY Law and Practice Contributed by: Udo Olgemoeller, Nicolaus Ascherfeld, Johann von Pachelbel and Janina Müller, A&O Shearman
cially. During the term, the incumbent retains exclu- sive operational responsibility within the public way network. Private networks on private land may exist under specific conditions but do not displace the pub- lic distribution network’s role nor open an alternative monopoly. 5.6 Electricity Distribution System Charges and Terms of Service Distribution charges are set under the same incen- tive‑based revenue cap regulation as transmission, with allowable revenues determined by the regula- tor based on efficient cost benchmarks, investment needs, quality incentives and productivity factors, and with tariffs structured according to published method- ologies under the StromNEV and related ordinances; charges must be transparent, non‑discriminatory and cost‑reflective within the regulatory framework.
Terms and conditions of service, including connec- tion rules, metering standards and data exchange, are established by statute, regulator‑approved codes and operator terms subject to oversight, and must treat similarly situated users alike and accommodate priority rules for renewable integration and controlla- ble consumption arrangements under the EnWG and EEG. Parties aggrieved by regulatory determinations on network charges or terms can seek judicial review before the competent courts under administrative or, where applicable, specialised judicial procedures, and there are complaint and dispute resolution processes before the BNetzA to address access, connection and tariff issues in the first instance. Customers and mar- ket participants may also challenge existing rates and terms through the regulator’s complaint mechanisms and, failing satisfactory resolution, through the courts, which apply legality and proportionality standards and can annul or remit decisions.
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